Texas Foreclosure Manual (3rd Edition)

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Texas Foreclosure Manual (3rd Edition)

  • William H. Locke, Jr., Ralph Martin Novak, Jr., and G. Tommy Bastian
  • Instant Download! Digital Download Features
  • 2 volumes; loose-leaf
  • 1,220 pages
  • Includes supplementation through 2015
  • © 2014, 2015
  • $295.00

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The Texas Foreclosure Manual is the expansive practice resource Texas attorneys have been waiting for. Now including the new 2015 supplement, which updates the manual to include 2015 legislative changes and case law updates, this essential two-volume manual provides:

  • Forms and instructions to take you through the foreclosure procedure from beginning to end
  • In-depth analyses of cases and statutes dealing with a myriad of foreclosure issues
  • Valuable information for representing the mortgagee or mortgagor

The Texas Foreclosure Manual is written with both the general practitioner and the real estate expert in mind. It covers the basics and provides guidance for more complex situations:

  • Giving the notices required by state law while complying with the federal Fair Debt Collection Practices Act
  • Collection of rent before foreclosure by lender
  • Conducting a valid foreclosure sale
  • Collateral transfers of liens
  • Multiple borrowers or lenders
  • Modifications
  • Federal tax liens
  • Brownfields compliance
  • Second-lien foreclosures

Background searches, deficiency suits, and judicial foreclosures are also covered. In addition to all this, this manual includes 50 articles from the TexasBarCLE Online Library (accessible via the digital product), as well as a county appendix that lists designated sale sites, county Web sites, and appraisal district Web sites to all 254 Texas counties. The Texas Foreclosure Manual Digital Download, containing the hard copy with forms in Word, is included at no additional charge or available for purchase separately.

Click here to purchase Texas Foreclosure Manual (3rd Edition).

FORMS

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A

Affidavit in Support of Petitioner’s Application for an Expedited Order Under Rule 736
Affidavit of [name of mortgagee] Affidavit—Verification of Debt for Collection of Consumer Debt
Agreement Concerning Terms of Workout Negotiations
Agreement for Deed in Lieu of Foreclosure
Agreement Regarding Liability
Application for an Expedited Order Under Rule 736 on a Home Equity, Reverse Mortgage, or Home Equity Line of Credit Loan
Application for an Expedited Order Under Rule 736 on a Property Owner’s Association Assessment
Application for an Expedited Order Under Rule 736 on a Tax Lien Transfer or Property Tax Loan Created After September 1, 2007 and Before May 29, 2013
Application for Foreclosure of Real Property
Application for Letters of Administration
Appointment of Substitute Trustee
Assignee’s TARA Inserts to Tenant Form Lease
Assignment of Leases and Rents
Assignment of Note and Liens
Attorney’s Foreclosure Checklist
Authenticated Preferred and Secured Claim of [name of mortgagee]

B

Bid Calculation Worksheet
Bill of Costs

C

Checklist for Preforeclosure Title Update and Tax Lien Search
Composite Affidavit for [Trustee/Substitute Trustee]

D

Declaration in Support of Petitioner’s Application for an Expedited Order Under Rule 736
Default Order
Demand for Payment and Notice of Intent to Accelerate
Demand for Payment and Notice that Note has Matured by Its Terms
Disclaimer—Ad Valorem Tax Lien Foreclosure

E

Engagement Letter
Estoppel Certificate from Note Seller Concerning Assigned Note
Estoppel Certificate from Obligors Concerning Assigned Note

F

Foreclosure Calendar
Foreclosure Forbearance Agreement
Foreclosure Notice Letter/Note Matured by Its Terms
Foreclosure Sale Attendance Registration
Foreclosure Sale Bill of Sale
Foreclosure Sale Deed
Foreclosure Sale Transcript
Foreclosure Sales Proceeds Distribution Agreement

I

Indemnity Agreement
IRS Form 982—Reduction of Tax Attributes Due to Discharge of Indebtedness
IRS Form 1096—Annual Summary and Transmittal of U.S. Information Returns
IRS Form 1099-A—Acquisition or Abandonment of Secured Property
IRS Form 1099-C—Cancellation of Debt
IRS Form 14497—Notice of Nonjudicial Sale of Property
IRS Form 14498—Application for Consent to Sale of Property Free of the Federal Tax Lien
IRS Instructions for Forms 1099-A and 1099-C
IRS Publication 487—Instructions for Application to Release Right to Redeem Property
IRS Publication 783—Instructions for Certificate of Discharge from Federal Tax Lien
IRS Publication 786—Instructions for Preparing a Notice of Nonjudicial Sale of Property

J

Judgment—Ad Valorem Tax Lien Foreclosure
Judicial Foreclosure Judgment

L

Letter Declining Representation
Letter Employing Local Agent to Act as Bidder
Letter Employing Local Attorney to Conduct Sale
Letter Employing Local Attorney to Post Notices Only
Letter for Completion of Attorney-Client Relationship
Letter of Strict Compliance
Letter Terminating Attorney-Client Relationship
Letter to Appraiser
Letter to Debtor—Notice of Acceleration and Transmittal Letter for Notice of Foreclosure Sale
Letter to IRS Requesting Waiver of Right of Redemption
Letter to Maker—Notice of Assignment of Note
Letter to Taxing Jurisdiction
Letter to Tenant Accepting Lease
Letter to Tenant at Sufferance
Letter to Title Company Requesting Title Search
Letter to UCC Search Service
Loan Purchase Agreement
Loan Referral Acknowledgment
Loan Referral Questionnaire

M

Mailing Affidavit
Mailing Affidavit for Representative of Trustee
Memorandum of Allowance of Claim
Military Status Affidavit
Military Status Declaration
Motion to Deposit Excess Proceeds from Foreclosure Sale into the Registry of the Court Pursuant to Texas Tax Code Section 34.021

N

Notice of Abandonment, Waiver, Rescission, and Withdrawal of Acceleration of Debt
Notice of Acceleration
Notice of Acceleration and Foreclosure Notice Letter
Notice of Correction
Notice of Foreclosure Sale
Notice of Lien and Election of Preferred Status
Notice of Payment
Notice of Postponement of Foreclosure Sale
Notice of Recess of Foreclosure Sale
Notice of Reposted Foreclosure Sale
Notice of Sale
Notice of Sale of Real Estate
Notice to Pay Rents to Person Other Than Landlord [Modified] Notice to Pay Rents to Person Other Than Landlord [Original]

O

Order Approving Claim
Order Authorizing Deposit of Excess Proceeds from Foreclosure Sale into the Registry of the Court Pursuant to Texas Tax Code Section 34.021
Order Authorizing Foreclosure of Real Property
Order of Sale
Original Petition—Ad Valorem Tax Lien Foreclosure

P

Petition for Determination of Fair Market Value after Nonjudicial Foreclosure
Petition for Judicial Foreclosure
Petition to Interplead Funds
Petition to Produce Will
Posting and Filing Affidavit for Representative of Trustee

R

Reinstatement, Modification, Renewal, and Extension Agreement
Rescission of Sale by Mutual Agreement
Resignation of [Trustee/Substitute Trustee] Resolution of the Board of Directors Regarding Appointment of Substitute Trustee[s]

S

Sheriff’s Deed

T

T-3 Endorsement Instructions for Use Upon Assignment of Lien
Terms and Conditions of Sale
Terms of Engagement for Legal Services
Texas Assignment of Rents Act Addendum to Deed of Trust

V

Verification

W

Warranty Deed in Lieu of Foreclosure

CONTENTS

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Letter from the President of the State Bar of Texas
Preface
Acknowledgments
Summary of Contents
How to Download This Manual
Introduction

VOLUME 1

1. Attorney-Client Relations
2. Getting Started—Information Required
3. Evaluating the Options for Collecting the Debt
4. Preforeclosure Title Concerns
5. The Note in Foreclosure
6. The Deed of Trust
7. Consumer Debt Collection Laws
8. Demand for Payment, Notice of Intent to Accelerate, and Notice of Acceleration
9. Collection of Rent by Lender before Foreclosure
10. Borrower Challenges to Foreclosure and Lender Responses
11. Trustees and Substitute Trustees
12. Notice of Foreclosure Sale
13. Bid Evaluation

VOLUME 2

14 Conducting the Sale
15 Postsale Considerations
16 Consequences of Wrongful Foreclosure
17 Suits for Deficiency
18–19 reserved
20 Judicial Foreclosure
21 Residential Foreclosure Process
22 Commercial Foreclosure Process
23 Tax Consequences of the Foreclosure Process
24 Foreclosures Resulting from Ad Valorem Taxation
25 Property Tax Loan Foreclosure Process
26 Deceased Mortgagor Foreclosure Process
27 Condominium Foreclosures
28 HEL/HELOC Foreclosure Process
29 Manufactured Housing Unit Foreclosure Process
30 Property Owners Association Foreclosure Process
31 Reverse Mortgage Foreclosure Process
32 USDA Farm, Ranch, and Housing Loan Foreclosures
33 Servicemembers Civil Relief Act
34 MERS
35 Environmental Issues Affecting the Foreclosure Process
36 Federal and State Foreclosure Assistance Programs
37 Miscellaneous Topics

Appendix A—IRS Collections Advisory Group Addresses and Counties by Areas
Appendix B—Texas County Foreclosure Resources
Statutes and Rules Cited
Cases Cited
List of Forms by Title
Subject Index